What is a Motion for Summary Judgement

Rob McKinney

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Sometimes a Trial Court can dismiss your case without a jury hearing the facts or evidence . A motion for summary judgement is a pre-trial motion used to determine whether there is merit to your lawsuit . Summary Judgement is designed to provide a quick , inexpensive means of concluding cases on issues as to which there is no material facts. If the facts are not in dispute , the court can make a decision on the case . For an example , a person admits running the red light then there is no dispute as to liability . Most of the time it is used by the defendant to assert some type of defense in the case such as workers compensation immunity . If there is a material dispute as to the facts , the court will deny the motion and the case will proceed to trial .